HR Signal: The EU Whistleblowing Directive

Read more

#Alert: Planned removal of an extension of the legal stay of foreigners


It is planned to eliminate an automatic extension of the legal stay of foreigners (from outside the EU), introduced due to the coronavirus epidemic.

The change mainly concerns foreigners who did not have a Polish visa or a residence permit (e.g. they came to Poland on the basis of a visa-free movement) and have not yet submitted a residence permit application.

The solution was adopted back in 2020 due to limitations in the work of immigration offices. Foreigners have the option of submitting a residence application at a later date (i.e. later than it results from the expiry date of their legal stay in Poland). The extension of the stay was originally planned for the entire duration of the epidemic state in Poland and additionally for 30 days after its cancellation.

The draft containing the removal of the extension is currently still at the stage before being sent to the Polish Parliament. However, it is concerning that such a significant change was introduced quietly, only in a subsequent version of the draft regulation.

After the law enters into force, foreigners will have to regularize their status within 30 days. We recommend to submit applications legalizing further stay in Poland as soon as possible. Availability of appointments for submitting an application is very limited in some immigration offices in Poland.

In the current version, the draft does not introduce the removal of other important solutions for foreigners, which were introduced due to the pandemic (e.g. extension of work permits). However, further changes are possible. We monitor them on an ongoing basis.